England: Black defendants held on remand 70 per cent longer

England: Black defendants held on remand 70 per cent longer

Black defendants are detained on remand for more than 70 per cent longer than white individuals in England and Wales, data highlighting racial disparities in the criminal justice system shows.

Information acquired by The Guardian and Liberty Investigates under the Freedom of Information Act reveal that the average number of days spent on remand by black prisoners last year amounted to 302, compared to 177 days for white remand prisoners.

Data from the Ministry of Justice suggests that defendants of all minority ethnic backgrounds spend a significantly longer time on remand compared to white defendants in prisons across England and Wales. In 2022, mixed-race prisoners spent an average of 272 days on remand, with Asian prisoners held for an average of 262 days.

According to the 2021 census data, individuals from minority ethnic backgrounds make up roughly 18 per cent of the population of England and Wales, yet represent 34 per cent of remand prisoners with recorded ethnicity, an increase from 29 per cent in 2015.

Not only are black individuals more likely to be held in prison while awaiting trials and sentencing, and for extended periods, research also suggests they are far more likely to be acquitted than white defendants after their time on remand.

A study conducted by criminal justice NGO Fair Trials found that of the 3,478 black people remanded in custody in 2021, 14 per cent were acquitted at trial. In contrast, out of the 17,538 white people who were remanded in custody in the same year, eight per cent were subsequently acquitted.

“These latest shocking figures lay bare the racism and injustice hardwired into the criminal justice system. Black defendants are again being treated significantly worse than white defendants, and held in prison awaiting trial,” said Griff Ferris, the senior legal and policy officer at Fair Trials.

“This is despite the government’s own figures showing that black defendants are more likely to be acquitted at trial, as well as more likely to not be sent to prison after being held on remand.”

The data also reveals a growing trend of defendants of all ethnicities being held on remand for longer periods, as the justice system struggles with court backlogs caused by the pandemic. The average number of days spent on remand for all prisoners has risen from 128 in 2015 to 207. Court delays have also led to an overall increase in the remand population.

The percentage difference in remand time between black and white prisoners has more than doubled since 2015, escalating from a 33 per cent disparity to 71 per cent.

A UK government spokesperson said: “This government is going further than ever to tackle discrimination in the criminal justice system. This extensive work is ongoing and covers the entire process – from diverting ethnic minority youngsters away from criminality to new training to remove bias, and increasing diversity in the judiciary.”

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